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The Kyoto Protocol's first round commitments are the first detailed
step taken within the UN Framework Convention on Climate Change
(Gupta et al., 2007). The Protocol establishes a structure of rolling
emission reduction commitment periods. It set a timetable starting in
2006 for negotiations to establish emission reduction commitments for
a second commitment period). The first period emission reduction
commitments expired on 31 December 2012.
The ultimate objective of the UNFCCC is the "stabilization of
greenhouse gas concentrations in the atmosphere at a level that would
stop dangerous anthropogenic interference with the climate system."
Even if Annex I Parties succeed in meeting their first-round
commitments, much greater emission reductions will be required in
future to stabilize atmospheric GHG concentrations.
For each of the different anthropogenic GHGs, different levels of
emissions reductions would be required to meet the objective of
stabilizing atmospheric concentrations. Carbon dioxide (CO
2) is the most important anthropogenic GHG. Stabilizing the
concentration of CO2 in the atmosphere would ultimately require the
effective elimination of anthropogenic CO2 emissions.
Some of the principal concepts of the Kyoto Protocol are:
Binding commitments for the Annex I Parties. The main feature of the
Protocol[25] is that it established legally binding commitments to
reduce emissions of greenhouse gases for Annex I Parties. The
commitments were based on the Berlin Mandate, which was a part of
UNFCCC negotiations leading up to the Protocol.[26][27]:290
Implementation. In order to meet the objectives of the Protocol, Annex
I Parties are required to prepare policies and measures for the
reduction of greenhouse gases in their respective countries. In addition,
they are required to increase the absorption of these gases and utilize
all mechanisms available, such as joint implementation, the clean
development mechanism and emissions trading, in order to be
rewarded with credits that would allow more greenhouse gas emissions
at home.
Minimizing Impacts on Developing Countries by establishing an
adaptation fund for climate change.
Accounting, Reporting and Review in order to ensure the integrity of
the Protocol.
Compliance. Establishing a Compliance Committee to enforce
compliance with the commitments under the Protocol.
Details of the agreement
The agreement is a protocol to the United Nations Framework
Convention on Climate Change (UNFCCC) adopted at the Earth
Summit in Rio de Janeiro in 1992, which did not set any legally
binding limitations on emissions or enforcement mechanisms. Only
Parties to the UNFCCC can become Parties to the Kyoto Protocol. The
Kyoto Protocol was adopted at the third session of the Conference of
Parties to the UNFCCC (COP 3) in 1997 in Kyoto, Japan.
National emission targets specified in the Kyoto Protocol exclude
international aviation and shipping. Kyoto Parties can use land use,
land use change, and forestry (LULUCF) in meeting their targets.
[65]
LULUCF activities are also called "sink" activities. Changes in
sinks and land use can have an effect on the climate, [66] and indeed the
Intergovernmental Panel on Climate Change's Special Report on Land
Use, Land-Use Change and Forestry estimates that since 1750 a third
of global warming has been caused by land use change. [67] Particular
criteria apply to the definition of forestry under the Kyoto Protocol.
Forest management, cropland management, grazing land management,
and revegetation are all eligible LULUCF activities under the Protocol.
[68]
Annex I Parties use of forest management in meeting their targets is
capped.[68]
Negotiations
Article 4.2 of the UNFCCC commits industrialized countries to "[take]
the lead" in reducing emissions.[69] The initial aim was for
industrialized countries to stabilize their emissions at 1990 levels by
the year 2000.[69] The failure of key industrialized countries to move in
this direction was a principal reason why Kyoto moved to binding
commitments.[69]
At the first UNFCCC Conference of the Parties in Berlin, the G77 was
able to push for a mandate (the "Berlin mandate") where it was
recognized that:[70]
developing
country emissions
per-capita (i.e.,
average
emissions per head of population)[71] were still relatively low.
that has been established by the Parties to the Kyoto Protocol of the
UN Framework Convention on Climate Change to finance concrete
adaptation projects and programmes in developing countries that are
Parties to the Kyoto Protocol.
Implementational provisions[edit]
The protocol left several issues open to be decided later by the sixth
Conference of Parties COP6 of the UNFCCC, which attempted to
resolve these issues at its meeting in the Hague in late 2000, but it was
unable to reach an agreement due to disputes between the European
Union (who favoured a tougher implementation) and the United States,
Canada, Japan and Australia (who wanted the agreement to be less
demanding and more flexible).
In 2001, a continuation of the previous meeting (COP6bis) was held
in Bonn where the required decisions were adopted. After some
concessions, the supporters of the protocol (led by the European
Union) managed to get the agreement of Japan and Russia by allowing
more use of carbon dioxide sinks.
COP7 was held from 29 October 2001 through 9 November 2001
in Marrakech to establish the final details of the protocol.
The first Meeting of the Parties to the Kyoto Protocol (MOP1) was
held in Montreal from 28 November to 9 December 2005, along with
the 11th conference of the Parties to the UNFCCC (COP11).
See United Nations Climate Change Conference.
During COP13 in Bali 36 developed C.G. countries (plus the EU as a
party in the European Union) agreed to a 10% emissions increase
for Iceland; but, since the EU's member states each have individual
obligations,[82] much larger increases (up to 27%) are allowed for some
of the less developed EU countries (see below Kyoto
Protocol#Increase in greenhouse gas emission since 1990).
[83]
Reduction limitations expire in 2013.
Mechanism of compliance[edit]
The protocol defines a mechanism of "compliance" as a "monitoring
compliance with the commitments and penalties for noncompliance."[84] According
to
Grubb
(2003),[85] the
explicit
consequences of non-compliance of the treaty are weak compared to
domestic law.[85] Yet, the compliance section of the treaty was highly
contested in the Marrakesh Accords.[85]
Enforcement[edit]
If the enforcement branch determines that an Annex I country is not in
compliance with its emissions limitation, then that country is required
to make up the difference during the second commitment period plus
an additional 30%. In addition, that country will be suspended from
making transfers under an emissions trading program.[86]
Ratification process[edit]
The Protocol was adopted by COP 3 of UNFCCC on 11 December
1997 in Kyoto, Japan. It was opened on 16 March 1998 for signature
during one year by parties to UNFCCC, when it was signed Antigua
and Barbuda, Argentina, the Maldives, Samoa, St. Lucia and
Switzerland. At the end of the signature period, 82 countries and
the European Community had signed. Ratification (which is required
to become a party to the Protocol) started on 17 September with
ratification of Fiji. Countries that did not sign acceded to the
convention, which has the same legal effect.[1]
Article 25 of the Protocol specifies that the Protocol enters into force
"on the ninetieth day after the date on which not less than 55 Parties to
the Convention, incorporating Parties included in Annex I which
accounted in total for at least 55% of the total carbon dioxide
emissions for 1990 of the Annex I countries, have deposited their
instruments of ratification, acceptance, approval or accession."[87]
The EU and its Member States ratified the Protocol in May 2002. [88] Of
the two conditions, the "55 parties" clause was reached on 23 May
2002
when Iceland ratified
the
Protocol.[1] The
ratification
by Russia on 18 November 2004 satisfied the "55%" clause and
brought the treaty into force, effective 16 February 2005, after the
required lapse of 90 days.[89]
As of May 2013, 191 countries and one regional economic
organization (the EC) have ratified the agreement, representing over
61.6% of the 1990 emissions from Annex Icountries.[90] One of the 191
ratifying statesCanadahas denounced the protocol.
Convention Parties [show]
US position[edit]
The US signed the Protocol on 12 November 1998,[91] during the
Clinton presidency. To become binding in the US, however, the treaty
had to be ratified by the Senate, which had already passed the 1997
non-binding Byrd-Hagel Resolution, expressing disapproval of any
international agreement that did not require developing countries to
make emission reductions and "would seriously harm the economy of
the United States". The resolution passed 95-0. [92] Therefore, even
though the Clinton administration signed the treaty,[93] it was never
submitted to the Senate for ratification.
When George W. Bush was elected US president in 2000, he was
asked by US Senator Hagel what his administration's position was on
climate change. Bush replied that he took climate change "very
seriously,"[94] but that he opposed the Kyoto treaty, because "it exempts
80% of the world, including major population centers such as China
and India, from compliance, and would cause serious harm to the US
economy".[95] The Tyndall Centre for Climate Change Research
reported in 2001 that, "This policy reversal received a massive wave of
criticism that was quickly picked up by the international media.